Chapter 8.03
FIREWORKS*
Sections:
8.03.020 Sale of fireworks unlawful.
8.03.030 Use and discharge of fireworks unlawful.
8.03.040 Permit required to display fireworks.
8.03.060 Issuance – Nontransferable – Voiding.
8.03.070 Application for public display permit.
8.03.080 Standards for public fireworks displays.
8.03.090 Special effects for entertainment media.
8.03.100 Nonprohibited acts – Signal purposes – Forest protection.
8.03.110 Ordinance in connection with State law.
*Code reviser’s note: The effective date of Ord. 235 is June 21, 2000.
8.03.010 Definitions.
RCW 70.77.120 through and including 70.77.230, as now exist or as hereinafter amended, are adopted by this reference and a copy of such shall be kept on file in the office of the City Clerk for public use and inspection. In addition, the following term is defined:
(1) “Dangerous fireworks” means any fireworks not defined as a “common fireworks” under the provisions of RCW 70.77.136. (Ord. 235 § 2, 1999)
8.03.020 Sale of fireworks unlawful.
It is unlawful for any person to sell any fireworks within the City; provided, that this prohibition does not apply to duly authorized public displays. (Ord. 235 § 3, 1999)
8.03.030 Use and discharge of fireworks unlawful.
Except as authorized by State license and City permit granted pursuant to RCW 70.77.260(2) (public display) or 70.77.311(2) (use by group or individual for religious or other specific purpose on approved date and at an approved location), it is unlawful for any person to use, discharge or explode any fireworks of any kind within the City. (Ord. 235 § 4, 1999)
8.03.040 Permit required to display fireworks.
It is unlawful for any person to hold, conduct or engage in a public display of fireworks within the City without first having obtained and being the holder of a valid permit issued pursuant to the provisions of this chapter. (Ord. 235 § 5, 1999)
8.03.050 Permit fees.
The fee for a “public display permit” for the public display of fireworks shall be $100.00, payable in advance. (Ord. 235 § 6, 1999)
8.03.060 Issuance – Nontransferable – Voiding.
Each public display permit issued pursuant to this chapter shall be valid for the specific authorized public display evening only, shall be used only by the designated permittee and shall be nontransferable. Any transfer or unauthorized use of a permit is a violation of this chapter and shall void the permit granted in addition to all other sanctions provided in this chapter. (Ord. 235 § 7, 1999)
8.03.070 Application for public display permit.
Applications for a permit to hold, conduct, or operate a public display of fireworks as defined under Chapter 70.77 RCW shall be made to the Building Official for a permit. Applications shall be made at least 14 days prior to the scheduled event. Applications shall meet all qualifications and requirements of State law regarding public display of fireworks and all fire and safety requirements as set forth in the standards for public display and, in particular, shall hold a pyrotechnic operator license issued by the State of Washington as defined by Chapter 70.77 RCW and Chapter 212-17 WAC. (Ord. 235 § 8, 1999)
8.03.080 Standards for public fireworks displays.
All public fireworks displays shall conform to the following minimum standards and conditions:
(1) All public fireworks displays must be planned, organized, and discharged by a State-licensed pyrotechnician.
(2) The permit shall include the name of the applicant and his address; the name of the pyrotechnician and address; the exact location, date and time of the proposed display; the number, type and class of fireworks to be displayed; the manner in which the fireworks are being stored prior to the public fireworks display.
(3) The applicant for a public display of fireworks permit shall include with the application, evidence of a bond issued by an authorized surety or a certificate of public liability insurance. Such bond or certificate shall conform to the requirements set forth in RCW 70.77.285 and 70.77.355, as now exist or as may hereafter be amended.
(4) A drawing shall be submitted with the application showing a plan view of the fireworks discharge site and the surrounding area within a 500-foot radius. The drawing shall include all structures, fences, barricades, streets, fields, streams, and any other significant factors that may be subjected to ignition or that may inhibit firefighting capabilities.
(5) When, in the discretion of the Building Official, such requirement is necessary to preserve the public health, safety and welfare, the permit may require that specified equipment and personnel shall be on site prior to and after the conclusion of the display. All compensation for personnel and apparatus will be paid by the applicant.
(6) All combustible debris and trash shall be removed by the applicant from the area of discharge for a distance of 300 feet in all directions.
(7) Applicant shall dispose of all unfired or “dud” fireworks in a safe manner.
(8) Applicant shall provide the fireworks discharge site a minimum of two 2A-rated pressurized water fire extinguishers and one fire blanket.
(9) The permit may be immediately revoked at any time deemed necessary by the Building Official or his/her designee due to any noncompliance, weather conditions such as extremely low humidity or wind factor. The display may also be canceled by accidental ignition of combustible or flammable material in the vicinity due to fall debris from display.
(10) Areas of public access shall be determined by the Building Official or his/her designee and maintained by the applicant in an approved manner. (Ord. 235 § 9, 1999)
8.03.090 Special effects for entertainment media.
This chapter does not prohibit the assembling, compounding, use and display of special effects of whatever nature by any person engaged in the production of motion pictures, radio, or television productions, theatricals or operas when such use and display is a necessary part of the production and such person possesses a valid permit issued by the City of Woodinville to purchase, possess, transport or use such fireworks. (Ord. 235 § 10, 1999)
8.03.100 Nonprohibited acts – Signal purposes – Forest protection.
This chapter does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads or other transportation agencies for signal purposes or illumination or for use in forest protection activities. (Ord. 235 § 11, 1999)
8.03.110 Ordinance in connection with State law.
This chapter is intended to implement Chapter 70.77 RCW, and shall be construed in connection with that law and any and all rules or regulations issued pursuant thereto. (Ord. 235 § 12, 1999)
8.03.120 Enforcement.
The Building Official or his/her designee, in coordination with the Fire Chief, is authorized to enforce all provisions of this chapter. The Building Official or his/her designee may revoke any permit issued pursuant to this chapter for failure to comply with any provisions of this chapter, for failure to comply with any of the conditions of the permit, or upon any failure or refusal of the permittee to comply with the orders and directives of the Building Official or his/her designee, and/or to comply with any provisions of this chapter relating to temporary structures. (Ord. 235 § 13, 1999)
8.03.130 Penalty.
Any person violating any provision of this chapter shall be guilty of a misdemeanor, and upon conviction thereof, punished as set forth in Chapter 1.03 WMC. (Ord. 235 § 15, 1999)